The terms “You,” “Your,” “User,” and “Users,” as used herein, refer to all individuals and/or entities accessing the Site for any reason.
3. LICENSE GRANT & Use Restrictions
4. User Submissions
Except as provided under Submission of Ideas (below), Nexamp does not claim ownership of any information or material a user provides to Nexamp or posts, uploads, input, submits, or transmits to the Site (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Nexamp, exposes Nexamp or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Nexamp. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Nexamp a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Nexamp is not required to use any Submission.
5. Submission of Ideas
Nexamp policy is to not accept or review unsolicited ideas or suggestions from persons outside Nexamp. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to Nexamp through the Site or otherwise shall be the property of Nexamp, and may be treated by Nexamp as non-confidential information. Nexamp shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.
Any and all offers or promotions advertised on the Site are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
7. disclaimer of warranties
The use of the Site or the Contents is at your own risk. The Contents in the Site could include technical inaccuracies or typographical errors. Nexamp may make changes or improvements at any time.
8. LIMITATION OF LIABILITY
9. Your Account
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. Nexamp reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
10. Contact with Third Parties and Third Party Websites
The Site may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Nexamp does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Nexamp is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Site. You agree that Nexamp shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Site.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Site does not indicate Nexamp’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Site, or based on such third party’s participation or presence on the Site, are solely between you and the third party. Nexamp makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Site to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
12. Modification or Suspension of the Site
14. Applicable Laws
15. Mandatory Agreement to Arbitrate on an Individual Basis and Class Action Waiver
Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Nexamp or Nexamp 's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, rather than court, except that you or Nexamp may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
WE EACH ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND NEXAMP ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Site, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.
You and Nexamp must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) Nexamp will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Nexamp will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the preceding paragraph, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the preceding paragraph is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in the Commonwealth of Massachusetts.
16. Notice and Take Down Procedures
If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Nexamp (address identified below) and providing the following information:
(a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
(b) Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
(c) Your name, address, telephone number, and (if available) email address;
(d) A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
(e) A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
(f) A signature or the electronic equivalent from the copyright holder or authorized representative.
Our address for copyright issues relating to this website is as follows:
4 Liberty Square
Boston, MA 02109
Attn: General Counsel
In an effort to protect the rights of copyright owners, Nexamp maintains a policy for the termination, in appropriate circumstances, of users of the Site who are repeat infringers.
17. Complete Agreement